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LICENSE AGREEMENT
*** IMPORTANT ***
This is a legal agreement between the end user ("You")
and Hasbro Interactive, Inc., its affiliates and
subsidiaries (collectively "Hasbro Interactive"). This
Agreement is part of a package (the "Package") that
also includes a CD-ROM disc (collectively, the "CD-ROM")
and certain written materials (the "Documentation").
BY INSTALLING THE CD-ROM, YOU ACKNOWLEDGE THAT YOU HAVE
READ ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT,
UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. YOU
UNDERSTAND THAT, IF YOU PURCHASED THE PACKAGE FROM AN
AUTHORIZED RESELLER OF HASBRO INTERACTIVE, THAT RESELLER
IS NOT HASBRO INTERACTIVE'S AGENT AND IS NOT AUTHORIZED
TO MAKE ANY REPRESENTATIONS, CONDITIONS OR WARRANTIES,
STATUTORY OR OTHERWISE, ON HASBRO INTERACTIVE'S BEHALF
NOR TO VARY ANY OF THE TERMS OR CONDITIONS OF THIS
AGREEMENT.
If You do not agree to the terms of this Agreement,
promptly return the entire Package to the place You
obtained it for a full refund.
LIMITED LICENSE: You are entitled to use this CD-ROM for
your own use, but may not sell or transfer reproductions
of the CD-ROM or Documentation to other parties in any
way. You may use one copy of the CD-ROM on a single
terminal connected to a single computer. You may not
network the CD-ROM or otherwise use it on more than one
computer or computer terminal at the same time.
You acknowledge that Hasbro Interactive is not
responsible for the Internet or whether it should
continue to exist in its present form or whether or
not a government or governmental agency, either foreign
or domestic, will control, regulate or disband the Internet.
OWNERSHIP; COPYRIGHT: Title to the CD-ROM and the
Documentation, and patents, copyrights and all other
property rights applicable thereto, shall at all times
remain solely and exclusively with Hasbro Interactive
and its licensors, and You shall not take any action
inconsistent with such title. The CD-ROM and the
Documentation are protected by United States, Canadian
and other applicable laws and by international treaty
provisions. Any rights not expressly granted herein are
reserved to Hasbro Interactive and its licensors.
OTHER RESTRICTIONS: You may not cause or permit the
disclosure, copying, renting, licensing, sublicensing,
leasing, disseminating or otherwise distributing of the
CD-ROM or the Documentation by any means or in any form,
without the prior written consent of Hasbro Interactive.
You may not modify, enhance, supplement, create
derivative work from, adapt, translate, reverse
engineer, decompile, disassemble or otherwise reduce
the CD-ROM to human readable form.
LIMITED WARRANTY:
Hasbro Interactive warrants for a period of ninety (90)
days following original retail purchase of this copy of
the game that the CD-ROM is free from substantial errors
or defects that will materially interfere with the
operation of the CD-ROM as described in the Documentation.
This limited warranty applies to the initial purchaser
only. EXCEPT AS STATED ABOVE, HASBRO INTERACTIVE MAKES
NO OTHER WARRANTY OR CONDITION, EXPRESS OR IMPLIED,
STATUTORY OR OTHERWISE, REGARDING THIS CD-ROM. THE
IMPLIED WARRANTY THAT THE CD-ROM IS FIT FOR A PARTICULAR
PURPOSE AND THE IMPLIED WARRANTY OF MERCHANTABILITY
SHALL BOTH BE LIMITED TO THE NINETY (90) DAY DURATION
OF THIS LIMITED EXPRESS WARRANTY. THESE AND ANY OTHER
IMPLIED WARRANTIES OR CONDITIONS, STATUTORY OR OTHERWISE,
ARE OTHERWISE EXPRESSLY AND SPECIFICALLY DISCLAIMED.
Some jurisdictions do not allow limitations on how long
an implied warranty or condition lasts, so the above
limitation may not apply to You. This limited warranty
gives You specific legal rights, and you may also have
other rights which vary from jurisdiction to jurisdiction.
If you believe you have found any such error or defect
in the CD-ROM during the warranty period, (i) if you are
in the United States, call Hasbro Interactive's Consumer
Affairs Department at 800-683-5847 between the hours of
8:00 a.m. and 12:00 a.m midnight. Monday through Friday
(Eastern Time) and 8:00 a.m. to 8:00 p.m. Saturday and
Sunday, holidays excluded, and provide your Product
number; or (ii) if you are outside the United States,
send your original CD-ROM disc to Hasbro Interactive at
Caswell Way, Newport, Gwent, NP9 0YH, United Kingdom,
together with a dated proof of purchase, your Product
number, a brief description of such error or defect and
the address to which it is to be returned. If you have
a problem resulting from a manufacturing defect in the
CD-ROM, Hasbro Interactive's entire liability and Your
exclusive remedy for breach of this limited warranty
shall be the replacement of the CD-ROM, within a
reasonable period of time and without charge, with
a corrected version of the CD-ROM. Some jurisdictions
do not allow the exclusion or limitation of relief,
incidental or consequential damages, so the above
limitation or exclusion may not apply to You.
HASBRO INTERACTIVE SHALL NOT BE LIABLE FOR SPECIAL,
INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER INDIRECT
DAMAGES, EVEN IF HASBRO INTERACTIVE IS ADVISED OF OR
AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT
SHALL HASBRO INTERACTIVE'S LIABILITY EXCEED THE PURCHASE
PRICE OF THIS PACKAGE. Some jurisdictions do not allow
the exclusion or limitation of special, incidental,
consequential, indirect or exemplary damages, or the
limitation of liability to specified amounts, so the
above limitation or exclusion may not apply to You.
GENERAL: This Agreement constitutes the entire understanding
between Hasbro Interactive and You with respect to subject
matter hereof. Any change to this Agreement must be in
writing, signed by Hasbro Interactive and You. Terms and
conditions as set forth in any purchase order which differ
from, conflict with, or are not included in this Agreement,
shall not become part of this Agreement unless specifically
accepted by Hasbro Interactive in writing. You shall be
responsible for and shall pay, and shall reimburse Hasbro
Interactive on request if Hasbro Interactive is required
to pay, any sales, use, value added (VAT), consumption
or other tax (excluding any tax that is based on Hasbro
Interactive's net income), assessment, duty, tariff, or
other fee or charge of any kind or nature that is levied
or imposed by any governmental authority on the Package.
EXPORT AND IMPORT COMPLIANCE: In the event You export the
CD-ROM or the Documentation from the country in which You
first received it, You assume the responsibility for
compliance with all applicable export and re-export
regulations, as the case may be.
GOVERNING LAW; ARBITRATION: This Agreement shall be
governed by, and any arbitration hereunder shall apply,
the laws of the Commonwealth of Massachusetts, U.S.A.,
excluding (a) its conflicts of laws principles; (b) the
United Nations Convention on Contracts for the International
Sale of Goods; (c) the 1974 Convention on the Limitation
Period in the International Sale of Goods; and (d) the
Protocol amending the 1974 Convention, done at Vienna
April 11, 1980.
Any dispute, controversy or claim arising out of or
relating to this Agreement or to a breach hereof,
including its interpretation, performance or termination,
shall be finally resolved by arbitration. The arbitration
shall be conducted by three (3) arbitrators, one to be
appointed by Hasbro Interactive, one to be appointed by
You and a third being nominated by the two arbitrators
so selected or, if they cannot agree on a third arbitrator,
by the President of the American Arbitration Association
("AAA"). The arbitration shall be conducted in English
and in accordance with the commercial arbitration rules
of the AAA. The arbitration, including the rendering of
the award, shall take place in Boston, Massachusetts,
and shall be the exclusive forum for resolving such
dispute, controversy or claim. The decision of the
arbitrators shall be binding upon the parties hereto,
and the expense of the arbitration (including without
limitation the award of attorneys' fees to the prevailing
party) shall be paid as the arbitrators determine. The
decision of the arbitrators shall be executory, and
judgment thereon may be entered by any court of
competent jurisdiction. Notwithstanding anything
contained in this Paragraph to the contrary, Hasbro
Interactive shall have the right to institute judicial
proceedings against You or anyone acting by, through
or under You, in order to enforce Hasbro Interactive's
rights hereunder through reformation of contract,
specific performance, injunction or similar equitable
relief.
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